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Are Magic Mushrooms Legal in Manitoba?

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The short answer is “No”

Are Magic Mushrooms Legal in Manitoba?

No, Magic Mushrooms are not legal in Manitoba.

Similar to the rest of Canada, Manitoba allows for some unique cases of medically prescribed magic mushrooms, mostly in cases of terminal illness.

History of Legalization in MB

Magic mushrooms containing psilocybin have been considered illegal in Manitoba for an extended period. They were classified as controlled substances under the Controlled Drugs and Substances Act, which governed the possession, sale, and distribution of various drugs, including hallucinogenic substances like psilocybin.

Current Legal Status

In Manitoba, Magic Mushrooms are illegal for possession, usage and distribution. Similar to the rest of Canada, little resources are put into the prosecution of those who possess and use magic mushrooms. Police enforcement distribute a majority of their efforts towards the sale & distribution of psilocybin.

In early 2023, a dispensary, known as ‘Magic Mush’, was the victim of a recent raid performed by the RCMP. The dispensary, located on Osborne street in Winnipeg, was only operating for around a month before the shut-down. Police told that their search resulted in $16,600 in cash, almost 800 grams of psilocybin mushrooms, various electronics and drug-related equipment, and a Mercedes-Benz automobile.

Therapeutic and Medical Usage

In August 2020, the Canadian Minister of Health granted an exemption to section 56(1) of the Controlled Drugs and Substances Act, allowing certain healthcare professionals to apply for an exemption to use and possess psilocybin for training purposes and in providing psilocybin-assisted psychotherapy. This change in regulation paved the way for clinical research and therapeutic use of psilocybin.Psilocybin has been studied for its potential to treat mental health conditions such as depression, anxiety, and post-traumatic stress disorder (PTSD). Researchers at institutions like the University of Manitoba may be conducting clinical trials to assess the safety and efficacy of psilocybin-assisted psychotherapy.

Penalties for Possession or Sale of Magic Mushrooms in MB

For simple possession of psilocybin, individuals could face charges under the Controlled Drugs and Substances Act. Penalties may vary depending on the amount in possession, but it often includes fines of up to $1000 and potential imprisonment of up to 6 months. These are for “first-time incident” and can increase in severity for those who are repeat offenders. Please remember that the laws behind the possession of Magic Mushrooms are “not-enforced” but use this knowledge to keep yourself safe!

Selling or trafficking magic mushrooms is a more serious offense. Penalties for the sale of psilocybin can include significant fines and imprisonment, with the severity of the penalties depending on factors such as the quantity sold and whether the accused has a history of drug-related offenses. If used for the purpose of exporting and/or trafficking, the accused could face up to 10 years of imprisonment.